Decision No. 23/2000/QĐ-BXD on Issuing the Regulation on Granting Professional Practice Certificates for Construction Project Design

DECISION OF THE MINISTER OF CONSTRUCTION

Regarding the issuance of the Regulation on Issuing Professional Practice Certificates for Construction Design

 

THE MINISTER OF CONSTRUCTION

Pursuant to Decree No. 15/CP dated March 4, 1994 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to Decree No. 03/2000/NĐ-CP dated February 3, 2000 of the Government guiding the implementation of certain provisions of the Enterprise Law;

At the proposal of the Director of the Policy Department and the Director of the Legal Department.

 

DECISION:

Article 1. The attached to this Decision is the "Regulation on Issuing Professional Practice Certificates for Construction Design".

Article 2. This Decision takes effect from January 1, 2001 and shall be uniformly applied throughout the country..

Article 3. Ministries, ministerial-level agencies, government agencies, central agencies of mass organizations, People's Committees of provinces and centrally governed cities, and related organizations are responsible for organizing the implementation of this Decision.

REGULATION ON ISSUING PROFESSIONAL PRACTICE CERTIFICATES FOR CONSTRUCTION DESIGN

(Attached to Decision No. 23/2000/QĐ-BXD dated November 13, 2000 of the Minister of Construction)

CHAPTER 1 - GENERAL PROVISIONS

Article 1. Some principles:

1. A professional practice certificate for construction design has value to determine the level of expertise and professional experience of individuals in the field of construction design; manage the quality of construction design and is a condition for registering to operate construction design services according to the law.

2. Individuals who are issued a professional practice certificate for construction design may perform the following tasks: Lead construction design or head design projects; use the certificate to register for business and engage in construction design service business activities according to the law; sign and bear primary responsibility for the quality of construction design documentation; independently practice construction design according to the law.

Individuals who have been trained and have professional qualifications but have not yet been issued a professional practice certificate for construction design may only participate in design under the management and supervision of individuals who have been issued such a certificate and may not sign construction design documentation as the lead designer or head of the design project.

3. A professional practice certificate for construction design is a legal basis for authorized bodies to consider when reviewing and approving construction designs.

Article 2. Scope and objects regulated:

1. This regulation stipulates the objects, conditions, procedures, and management authority for issuing professional practice certificates for construction design.

2. Professional practice certificates for construction design are issued to individuals who are Vietnamese citizens, Vietnamese residing abroad, foreigners permanently residing in Vietnam with the need to obtain such certificates and meeting the occupational conditions and standards specified in Articles 4 and 5 of this Regulation.

3. Construction design in this regulation includes:

a) Types of design:

- Overall layout design of construction projects;

- Architectural design of construction projects;

- Interior and exterior design of construction projects;

- Structural design of construction projects;

- Mechanical and electrical design of construction projects;

- Water supply and drainage design;

- Heating design;

- Ventilation and air conditioning design;

- Telecommunications and communication design;

- Fire prevention and firefighting design;

- Other specialty designs.

b) Designs for types of construction projects:

- Civil construction projects (residential buildings and public facilities);

- Urban infrastructure, industrial zones, export processing zones, high-tech zones;

- Industrial construction projects (production plants, auxiliary facilities, warehouses, technical facilities);

- Power construction projects (power plants, power transmission lines, substations);

- Transportation construction projects (roads, railways, bridges, tunnels, ports, inland waterways, airports);

- Water conservancy construction projects (dams, tunnels, culverts, irrigation canals, riverbank protection works);

- Agricultural construction projects (livestock farms, agricultural stations, agricultural warehouses, agricultural product processing stations);

- Forestry construction projects;

- Aquaculture construction projects;

- Telecommunications and postal and telecommunications construction projects (stations, transmitters; cable systems; antenna towers);

- Mining construction projects;

- Oil and gas construction projects (oil and gas exploration and exploitation, oil and gas production and processing, oil and gas transportation, fuel storage and distribution facilities);

- Water supply and drainage construction projects;

- Solid waste treatment construction projects;

- Other construction projects.

Article 3. Content and effect of the professional practice certificate for engineering design:

1. The content of the professional practice certificate for engineering design according to a unified model throughout the country as prescribed and issued by the Ministry of Construction (Annex No. 4).

2. The professional practice certificate for engineering design is valid for five years and may be renewed every five years when the certificate holder has the need and meets the required occupational qualifications and standards as stipulated in Articles 4 and 5 of this Regulation.

3. The holder of the professional practice certificate for engineering design is permitted to engage in professional engineering design activities nationwide in accordance with the provisions of the law.

Chapter 2 - CONDITIONS AND STANDARDS FOR OBTAINING THE PROFESSIONAL PRACTICE CERTIFICATE FOR ENGINEERING DESIGN

Article 4. Conditions for obtaining the certificate:

1. For Vietnamese citizens, they must have civil rights, be capable of civil acts, and possess a national identity card; for foreigners and overseas Vietnamese, they must hold a passport and a residence permit in Vietnam as prescribed by law.

2. Have a valid application file as prescribed in Article 9 of this Regulation.

3. Pay the prescribed fee.

Article 5. Occupational standards for obtaining the certificate:

1. Professional qualifications:

- Hold a bachelor's degree (or higher) from universities, academies, or authorized state agencies in Vietnam or abroad.

- The content of the application for the professional practice certificate for engineering design must align with the field of study and professional expertise acquired and the individual's design capabilities.

2. Occupational experience:

Have at least three years of direct engineering design experience (including one year in Vietnam) and have directly participated in designing at least three projects as registered, with knowledge and compliance with relevant construction laws and regulations.

Chapter 3 - ORGANIZATION OF MANAGEMENT FOR ISSUING THE PROFESSIONAL PRACTICE CERTIFICATE AND ENGAGING IN ENGINEERING DESIGN PRACTICE

Article 6. Organization managing the issuance of the professional practice certificate and engaging in engineering design practice:

1. The Ministry of Construction, with its function of state management over construction, uniformly manages the issuance of certificates and engineering design practice activities nationwide; prescribes the content and unifies the issuance of the professional practice certificate for engineering design models; organizes guidance on training and enhancing professional skills and management practices for engineering design; inspects and audits the issuance of certificates in accordance with this Regulation.

2. Provincial Construction Departments under central cities are the issuing authorities for the professional practice certificate for engineering design for individuals residing locally and manage engineering design practice activities in their locality in accordance with this Regulation.

Article 7. Duties and powers of the certificate issuing authority and the authority managing engineering design practice:

1. Duties:

a) Organize the receipt of application files, within five working days from the date of receiving the file, if necessary, request the applicant to amend or supplement the file; guide individuals and organizations to comply with the provisions of this Regulation and related laws.

b) Issue the professional practice certificate for engineering design within fifteen working days from the date of receiving the complete file; in cases where the certificate is not issued, notify the reasons and return the file to the applicant.

c) Resolve complaints regarding the issuance of the professional practice certificate for engineering design within the scope of authority.

d) Inspect engineering design practice in the locality.

e) Report to the Ministry of Construction on the situation of certificate issuance and engineering design practice activities in the locality every six months.

2. Authorities:

a) Verify the application file in accordance with the conditions and occupational standards for obtaining the certificate.

b) Not issue the certificate if the applicant does not meet the occupational conditions and standards prescribed in Articles 4 and 5 of this Regulation.

c) Inspect the engineering design practice of those who have obtained the certificate in accordance with the content of the issued certificate.

d) Revoke the certificate issued against those who violate the provisions of this Regulation.

e) Request competent authorities to handle violations in accordance with the law.

Article 8. Rights and responsibilities of persons holding a professional practice certificate for designing construction projects:

1. Powers:

a) Be entitled to use the professional practice certificate for designing construction projects to register for business and engage in business activities related to construction project design services in accordance with the provisions of the law.

b) Engage in the professional practice of designing construction projects in accordance with the provisions of this Regulation and relevant laws.

c) Propose an extension or supplementation of the contents of the certificate when meeting the conditions and standards as prescribed.

d) Request the issuing authority, relevant organizations to comply with the regulations; lodge complaints, denunciations, and initiate lawsuits against individuals or organizations that violate the provisions of this Regulation.

2. Responsibilities:

a) Engage in the professional practice of designing construction projects strictly in accordance with the contents recorded in the certificate.

b) Comply with the relevant legal provisions on construction related to construction project design.

c) Bear responsibility for the quality of construction project design products they themselves implement or manage, and implement professional liability insurance as prescribed by law.

d) Not be allowed to lease or lend the certificate for engaging in the professional practice of designing construction projects, nor to alter the contents of the issued certificate.

e) Present the certificate and accept inspections and audits regarding the professional practice of designing construction projects as required by competent authorities as stipulated in this Regulation.

Article 9. Documents for applying for a professional practice certificate for designing construction projects include:

1. An application form for a professional practice certificate for designing construction projects (Annex 1), accompanied by three recent color photographs measuring 3x4 cm.

2. Certified copies of relevant academic degrees and certificates; if these are foreign-issued, they must be translated into Vietnamese and certified.

3. A statement of professional activity history (Annex 2)

4. Confirmation letter from the following organization or individual (those with postgraduate degrees do not need this confirmation letter):

a) A professional organization suitable for the applicant's field of work;

b) A professional association suitable for the applicant's field of work, where the applicant is a member.

c) An individual with a professional practice certificate for designing construction projects in a similar profession or an individual in a similar profession with a higher degree than the applicant.

The confirmation letter follows the model provided in Annex 3 attached to this Regulation.

Article 10. Procedures for issuing a professional practice certificate for designing construction projects:

1. The applicant submits one set of documents to the issuing authority in accordance with Article 9 of this Regulation.

2. The professional practice certificate for designing construction projects shall be made in two original copies, one copy given to the holder, and one retained by the issuing authority.

3. The holder pays the fee at the issuing authority as prescribed.

Chapter 4 - INSPECTION, AUDIT AND HANDLING OF VIOLATIONS

Article 11. Inspection and Audit:

1. The issuing authority of the professional practice certificate for designing construction projects has the responsibility to inspect the professional practice of designing construction projects in the locality; if violations are found, they shall prepare a record and handle them according to their authority or refer to the competent authority for handling under the law.

2. The Ministry of Construction inspects and audits the implementation of this Regulation nationwide; resolves any difficulties and studies amendments and supplements to this Regulation when necessary.

Article 12. Handling Violations

1. The issuing authority and management of the professional practice of designing construction projects have the right to revoke the certificate and notify relevant authorities if an individual violates the professional practice of designing construction projects in any of the following cases:

- Engaging in the professional practice of designing construction projects not in accordance with the contents recorded in the certificate;

- Violating the provisions of this Regulation;

- Violating the relevant legal provisions on construction related to construction project design.

2. Individuals authorized to issue a professional practice certificate for designing construction projects, individuals authorized to review and approve construction project designs, if they violate the provisions of this regulation or relevant laws, will be subject to disciplinary action, administrative penalties, material compensation, or criminal liability追究刑事责任，根据法律规定。

CHAPTER 5 - IMPLEMENTATION PROVISIONS

Article 13. Effective Date:

1. This Regulation shall take effect from January 1, 2001 and be applicable throughout the country.

2. The Certificate of Chief Architect Project issued under the "Regulation on Architect Practice" (announced together with Decision No. 91/BXD-ĐT dated April 16, 1993 of the Minister of Construction) shall have equivalent value to the Professional Practice Certificate for Designing Construction Projects under this Regulation regarding the design of construction project master plans, architectural designs of construction projects, and interior and exterior designs of construction projects.

attached hereto.

(Annexed to the Regulation on Issuing Professional Practice Certificates for Designing Construction Projects promulgated together with Decision No.../2000/QĐ-XD dated... month... year 2000 of the Minister of Construction)

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SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness

--------------------------

                                                             ..., day ... month ... year ...

APPLICATION FOR ISSUANCE OF A PROFESSIONAL PRACTICE CERTIFICATE

FOR DESIGNING CONSTRUCTION PROJECTS

To: …

1- Full name:

2- Date of birth:                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    

3- Place of birth:

4- Nationality:

5- Identification card number (or passport number and residence permit number):

6- Permanent address:

7- Professional qualifications:

Certificates and diplomas obtained:

8- Professional experience:

Time spent on design projects:

Number of independent design projects:

Number of design projects participated in:

Request to issue a professional practice certificate for the following design contents:

- ...

- ...

- ...

I hereby take full responsibility for all contents of this application and commit to practicing design work according to the issued certificate and comply with relevant laws.

attached hereto to the People's Committee of the province.

(Attached to the Regulation on issuing professional practice certificates for design projects issued together with Decision No.../2000/QĐ-BXD dated... month... year 2000 of the Minister of Construction)

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PROFESSIONAL EXPERIENCE DECLARATION

FOR DESIGN PROJECTS

1- Full name:

2- Professional activity history in design projects:

 

APPLICATION FORMS AND REGISTRATION TABLES FOR REQUESTING ISSUANCE OF CERTIFICATES AND LICENSES AND SAMPLES OF CERTIFICATES AND LICENSES

(Attached to the Regulation on issuing professional practice certificates for design projects issued together with Decision No.../2000/QĐ-BXD dated... month... year 2000 of the Minister of Construction)

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SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness

--------------------------

                                                             ..., day ... month ... year ...

CERTIFICATE OF PROFESSIONAL CAPABILITY

OF THE APPLICANT FOR A PROFESSIONAL PRACTICE CERTIFICATE FOR DESIGN PROJECTS

Respectfully submitted to: ...

Name of the confirming authority, organization, or individual:

- Address:

- Telephone:                                        - Fax:

Confirming professional capability for the individual below:

1- Mr./Ms.:

2- Date of birth:                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    

3- Place of birth:

4- Nationality:

5- Identification card number (or passport number and residence permit number):

6- Permanent address:

7- Professional qualifications (Certificates and diplomas obtained):

8- Professional capability and experience in design projects:

- ...

- ...

- ...

I hereby take full responsibility before the law for all contents of this confirmation.

 Annex 4

(Attached to the Regulation on issuing professional practice certificates for design projects issued together with Decision No.../2000/QĐ-BXD dated... month... year 2000 of the Minister of Construction)

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SAMPLE OF PROFESSIONAL PRACTICE CERTIFICATE FOR DESIGN PROJECTS